Agency independence is a funny thing. Its existential legitimacy is the subject of a searing debate. The Harvard Law Review solicited an essay from Gillian Metzger that dives into the nature of administrative separation and independence (including with a reply essay from our own Aaron Nielson). And the en banc DC Circuit is currently reviewing what I think might be the most important decision on agency independence since Humphrey’s Executor.
The problem with the case is that both the combatants and the judges are focused on the wrong question. Even if Trump is right that the interim authority is his, he shouldn't be allowed to select a sitting member of his administration. (I've made this argument in much more legal detail in a friend-of-the-court brief filed on Dec. 8 in the federal district court in Washington.)
The following post is from guest blogger Stephen F. Williams, a judge on the US Court of Appeals for the DC Circuit. My thanks to Professor Halabi for his thoughtful and discerning review. I can only hope that reviews published in the wider world will share those qualities. But as a purpose of the blog format (with which I can claim little experience) is to stir up intellectual fizz, I would like to add a bit of nuance on a couple of issues he raises.
@sam_a_bell@chrisjcondon Maddening. That the release of shortlists would cause a deterioration of the candidate pool is such a silly, untested proposition that is demonstrably false in other parts of our central banking governance structure.
@vtg2 In part, yes (or, to be honest, the one Democrat who has triggered this). But there was no need to nominate Quarles for a 3-month term. They could've done a 2 year 3 months, 4 year 3 months, or 6 year 3 months. Can't blame the Democrats for that.
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Selecting a term
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Phrases (e.g. "cloud computing") — use quotes to keep the terms together
Twitter handles (e.g. @username) — returns those who have mentioned or replied to
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Bio details (e.g. vegan, Olympics, father)
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